What happens if you have been hit by a vehicle and the Third Party vehicle is either uninsured or has driven away from the scene or refused to provide their details to you? We understand that this can be very distressing for most people however the MIB was founded to help victims like this.
The Motor Insurance Bureau (MIB) was founded in the UK in 1945 and was created to provide compensation to victims involved in accidents caused by uninsured or untraced/hit and run drivers. The most recent statistics released from MIB show that every 3 days someone is involved in an accident with an uninsured or untraced drivers whether that be other vehicle users, motor cyclists, pedestrians or cyclists.
In order to pursue a claim under the Uninsured or Untraced Drivers Agreement you must report the accident to the police within 14 days from the date of the accident. The Police will ask you details of the incident and also ask for details of the Third Party Vehicle. If the Third Party driver has fled the scene and you do not have details of the driver’s name or vehicle registration then if possible a description of the vehicle and driver will assist the police in their enquiries.
The law requires all innocent victims of accidents to mitigate their losses. This means that victims must do what is reasonably possible in order for them to minimise the loss they incur such as seeking medical attention to treat their injuries. We advise all client’s to seek medical advice that are suffering with pain and discomfort as a result of the accident. It is quite easy for life to take over and I have many clients who have failed to seek medical attention due to work commitments or being unable to afford time off and they manage their symptoms by self medicating.
Your claim will be submitted to the MIB who will then investigate your accident. If they are able to trace details of the Third Party then you will be asked to re-submit your claim to the relevant party or their insurers however there is then the hurdle of proving that the registered keeper of that vehicle was the person driving the vehicle at the time of the accident.
There is a recent landmark ruling in the case of Cameron v Hussain (2017).This claim arose from a road traffic accident on 26 May 2013. One of the drivers did not stop and remains unidentified but the registration number of that vehicle was recorded. The First Defendant was the registered keeper of that vehicle and the Second Defendant insured the vehicle under a policy it had issued to another person. The central issue in this case was whether the Claimant could sue an unknown person in those circumstances or whether the Claimant’s only route would be a claim through the MIB under the Untraced Drivers Agreement.
The Court of Appeal held that in certain circumstances the Claimant can bring proceedings against an unidentified driver of an identified vehicle in order to enforce judgement against the RTA insurers of that vehicle. The decision is stated to apply where an insurer might have a liability under Section 151 Road Traffic Act 1988. However, it seems inevitable that victims could seek to argue that the same principle should apply to claims brought under the Uninsured Drivers Agreement however it’s likely an insurer faced with similar circumstances would look into whether they could reduce its status to Article 75.
If you have been involved in a car accident but are worried that the other driver is uninsured, please contact us at Ralli Solicitors for a free no win no fee consultation on 0161 207 2020, and we will help you through the process of bringing a claim.